RESTITUTIONARY RIGHTS TO SHARE IN DAMAGES by Simone Degeling ( 9780521036962 )

Item Details

Title:

RESTITUTIONARY RIGHTS TO SHARE IN DAMAGES
CARERS' CLAIMS

By:

Simone Degeling

Format:

Paperback

List price:

£40.99

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£35.87

Discount:

12.5% off

You save:

£5.12

ISBN 10:

0521036968

ISBN 13:

9780521036962

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Publisher:

CAMBRIDGE UNIVERSITY PRESS

Pub. date:

26 March, 2007

Pages:

316

Description:

Degeling deals with particular configurations lying at the boundary between tort and unjust enrichment.

Synopsis:

Rights and obligations can arise, amongst other things, in tort or in unjust enrichment. Simone Degeling deals with the phenomenon whereby a stranger to litigation is entitled to participate in the fruits of that litigation. Two prominent examples of this phenomenon are the carer, entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, entitled to participate in the fruits of the insured's claim against the wrongdoer. Degeling demonstrates that both are rights raised to reverse unjust enrichment. Careful examination of these two categories reveals the existence of a novel policy-motivated unjust factor called the policy against accumulation. Degeling argues that this is an unjust factor of broad application, applying to configurations other than that of the carer and the indemnity insurer. This will interest restitution and tort lawyers, both academic and practitioner, as well as academic institutions and court libraries.

Publication:

Imprint:

Cambridge University Press

Returns:

Returnable

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